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Judgment
Rahul Bharti, J
Heard learned counsel for the petitioners.
All the 12 petitioners find themselves named in an FIR no. 0131 dated 10.06.2023 registered with the Police Station, Surankote, Poonch on the complaint of one Yaser Ashraf S/o Mohd. Ashraf for the alleged commission of offences under section 452 (House-trespass after preparation for hurt, assault or wrongful restraint), section 323 (Punishment for voluntarily causing hurt), section 382 (Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft), section 427 (Mischief causing damage to the amount of fifty rupees), section 147 (Punishment for rioting) and section 506 (Punishment for criminal intimidation) of Indian Penal Code (IPC).
The registration of FIR is in the wake of an ongoing property related civil litigation between some of the petitioners as defendants and the complainant as well as others as co-plaintiffs and pending disposal before the civil court in the district Poonch.
The petitioners approached the court of learned Sessions Judge, Poonch with an application for grant of pre-arrest bail which came to be rejected by the court in terms of an order dated 16.06.2023 and the petitioners are now before this Court seeking pre-arrest bail.
It is reported that the petitioner no. 8 has been arrested after the institution of the present petition and to that extent the petition is not to be pressed.
Objections to the petition stand filed.
This Court needs to examine the Case Diaries of the case, as such, directs the concerned Investigating Officer (IO) in the FIR no. 0131 of 2023 with the Police Station, Surankote, Poonch to produce the Case Diary file on the next date of hearing.
In the meanwhile, all the petitioners, except petitioner no. 8 being, in the event of being arrested by the SHO, Police Station, Surankote or the Investigating Officer of FIR no. 0131 of 2023 with the Police Station, Surankote, then the petitioners are to be enlarged on bail subject to furnishing of personal bonds as well as surety bonds to the satisfaction of the Investigating Officer (IO) concerned and also subject to any terms and conditions as the Investigating Officer (IO) may deem it appropriate for the purpose of securing the presence and participation of all the petitioners, expect petitioner no. 8, in connection with the investigation of the case.
The petitioners shall ensure that they do not in any manner whatsoever interfere/intermeddle with the course of investigation of the case or tamper with the prosecution evidence/witnesses.
List on 24.07.2023.
The aforesaid direction enlarging the petitioners on bail to operate till next date of hearing on which date the Investigating Officer (IO) concerned to remain present along with the Case Diary file.